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8.—(1) Subject to regulation 7(1) and (4), section 57(3) of the 1998 Act shall apply when before 1st April 1999–
(a)the governing body of a grant-maintained or grant-maintained special school have determined that a payment should be made in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school; and
(b)no such payment, and no part of any such payment had been made before that date.
(2) Paragraph (1) of this regulation does not apply to a payment which such a governing body are required to make–
(a)by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned; or
(b)under any statutory provision.
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